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Private employment where the government isn’t involved is subject to what?
Anti-discriminatory laws (Title VII)
Discuss Wygant v. Jackson Board of Education.
In Wygant v. Jackson Board of Education, the Court held that an agreement where there was minority preference in teacher layoffs for the goal of providing “minority role models” in order to overcome societal discrimination did not satisfy strict scrutiny. The burden was too intrusive.
Discuss Adarand Constructors, Inc. v. Pena.
In Adarand Constructors, Inc. v. Pena, a federal government program provided a financial incentive for any prime contractors who hired subcontractors controlled by “socially and economically disadvantaged individuals” in the performance of federal government contracts. The Court held that all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny. In other words, such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests.
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